Chương 1 Nghị định 100/2011/NĐ-CP quy định về thành lập và hoạt động văn phòng đại diện của tổ chức xúc tiến thương mại nước ngoài tại Việt Nam : Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the establishment and operation of representative offices of foreign trade promotion organizations in Vietnam (below referred to as representative offices).

Article 2. Subjects of application

1. This Decree applies to representative offices of foreign organizations including trade promotion organizations and other organizations carrying out trade promotion-related activities in Vietnam (below referred collectively to as foreign trade promotion organizations).

Foreign trade promotion organizations referred to in this Decree include governmental or non-governmental organizations, organizations belonging to unions, associations, etc., which are established under regulations of countries where they are headquartered, and carry out trade promotion-related activities in Vietnam to step up trade promotion from overseas into Vietnam and vice versa; support foreign enterprises to enter and operate in the Vietnamese market; research and provide economic, commercial and market information to foreign business organizations; boost foreign trade/cross-border trade with Vietnam and activities to link trade ties between overseas enterprises and enterprises in Vietnam.

2. This Decree does not apply to Vietnam-based representative offices of foreign traders, foreign non-governmental organizations, cooperation and research institutions, cultural and educational institutions and other foreign organizations stipulated in other legal documents.

Article 3. State management of activities of representative offices

1. The Ministry of Industry and Trade shall assist the Government in performing the unified state management of activities of representative offices, specifically as follows:

a/ To assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies in, drafting and submitting to competent agencies for promulgation or promulgate according to its competence legal documents on representative offices;

b/ To guide and organize the grant, re-grant, modification, supplementation, extension and revocation of operation licenses of representative offices;

c/ To inspect and examine the management by provincial-level Industry and Trade Departments of activities of representative offices nationwide;

d/ To assume the prime responsibility for, and coordinate with related ministries and ministerial-level agencies and localities in, inspecting and examining representative offices when finding it necessary or at the request of ministries, sectors or localities;

e/ To assume the prime responsibility for, and coordinate with related ministries and ministerial-level agencies and localities in, building a database on representative offices nationwide;

f/ To handle violations of representative offices according to its competence.

Ministries and ministerial-level agencies shall, within the scope of their respective functions, tasks and powers, perform or coordinate with the Ministry of Industry and Trade in performing the state management of the establishment and operation of representative offices in their assigned fields.

Provincial-level People's Committees shall, within the scope of their tasks and powers, direct provincial-level Industry and Trade Departments in managing, overseeing, supervising, inspecting, examining and handling violations in activities of foreign trade promotion organizations in Vietnam in their localities in accordance with law.